David P. Hersh

David P. Hersh: Attorney with Burg Simpson Eldredge Hersh & Jardine, P.C.

Biography

Mr. David P. Hersh focuses his practice on complex commercial matters involving contract disputes, breach of fiduciary duty, ownership disputes, construction matters, “bet your company” litigation, and professional negligence. Admitted to practice before the United States, Colorado, and Wyoming Supreme Courts, as well as numerous Federal Courts, Mr. Hersh has tried well over 145 civil jury trials to verdict throughout the United States. In addition, he has served as lead counsel in a substantial number of complex commercial litigation cases as well as a number of catastrophic personal injury cases, including cases involving claims for brain injury, paraplegia/quadriplegia, severe burns and disfigurement, and limb loss. Mr. Hersh has handled a number of “toxic torts”, including being appointed class counsel for more than 65,000 residents of Colorado Springs to redress contaminated groundwater.

A skilled and experienced trial lawyer, Mr. Hersh excels in the courtroom, expertly handling all aspects of litigation through his creative problem solving, persuasive communication, and outstanding analytical skills. He believes that the benchmark of his success comes from his passion for the law and steadfast mission to be the best advocate possible for his clients.

Lectures & Seminars

Never Give Up! Top Ten Lessons from Our Eight-Year Battle in the CDO Litigation About the Collapse of the U.S. Economy - Colorado Trial Lawyers Association Conference, Steamboat Springs, August 4, 2016

“Legal Issues, Timely Decision Making, and Available Options for Survivors of Traumatic Brain Injury” - Brain Injury Alliance of Colorado 31st Annual Conference, Denver, October 16, 2014

“Legal Issues for Brain Injury Survivors” - Brain Injury Association of Colorado, Pueblo Regional Conference, April 25, 2013

Publications & Media

Never Give Up: Top Ten Lessons from Our Eight-Year Battle in the CDO Litigation about the Collapse of the U.S. Economy - Trial Talk, October/November 2016

10/13/2015: Farron Cousins interviews attorney and shareholder Dave Hersh about the way that large corporations remove the public’s right to a trial by jury. It’s all in the fine print - when purchasing certain goods or services, such as a cell phone or bank account, we could be agreeing to not sue the business who created or sold us the product if something goes wrong.

“Selection of Independent Colorado Judges” - The Docket, January 23, 2015

“Federal Tort Case Results in Millions” - Interview with Law Week Colorado following $7.3 million verdict, June 3, 2014

“Up In Smoke” - Law Week Colorado

Honors & Accolades

AV Preeminent Rating, Martindale-Hubbell

Best Lawyers “Lawyer of the Year, Legal Malpractice Law - Plaintiffs, Denver, 2014 and 2016

Best Lawyers, Plaintiffs, Legal Malpractice Law, 2013 - 2019

Best Lawyers, Plaintiffs, Professional Malpractice Law, 2013 - 2019

Best Lawyers, Plaintiffs, Personal Injury Litigation, 2016-2019

Named to the “2015 Colorado Super Lawyers Top 10” list

Law Week Colorado’s Barrister’s Best -Best Corporate Law Lawyer, 2018

Law Week Colorado's Barrister's Best - People's Choice Award: Best Commercial Litigator, 2015

Litigation Star, Benchmark Litigation, United States - Plaintiff, Mass Tort/Product Liability, 2013

Local Litigation Star, Benchmark Litigation, Colorado - Plaintiffs, 2013

U.S. Legal 500, 2012 and 2013

Top 100 Attorney, The National Trial Lawyers

Top 25 Brain Injury Trial Lawyers, The National Trial Lawyers

Top 10 Insurance Bad Faith Trial Lawyers, The National Trial Lawyers

Top 10 Business Tort Trial Lawyers, The National Trial Lawyers

Selected to Colorado Super Lawyers, 2006-2008, 2011-2019

Selected to Colorado Super Lawyers, 2011-2015 (Business Litigation, Top 100)

5280 Magazine Top Lawyer, 2016-2017

Order of the Barristers

National Moot Court Competition Recipient, Best Oral Advocate Award

Who’s Who in American Colleges and Universities

Best Lawyers in America, 2013- 2019

Community Involvement

Actively involved in the community through pro bono work and various non-profit organizations, including service on their boards

Committee Member, Craig Hospital PUSH for a Cure Committee

Active in the Brain Injury Alliance of Colorado

Active supporter of Jam the Damz and Pedal 4 Possible, integrated cycling tours through the Denver Metro area that help raise funds for Craig Hospital, U.S. Handcycling, and Adaptive Adventures

Faculty Member, University of Wyoming College of Law Summer Trial Advocacy Institute

Advisory Board Member, University of Wyoming College of Law

Trial practice lecturer, University of Wyoming College of Law

Instructor in trial tactics for the American Bar Association-sponsored National Institute of Trial Advocacy (NITA) School

Featured speaker at numerous educational events, including the 2015 Trial Lawyers College for the Colorado Trial Lawyers Association

Former Member of the Board of Trustees, Legal Aid Foundation of Colorado

Former Member of the Board of Directors, Colorado Judicial Institute (CJI)

fellow Emeritus of the Arapahoe County Bar Foundation

Served on the Judicial Facilities Review Commission, Arapahoe County Bar Association

Teaching Positions

Faculty, University of Wyoming Law School Summer Trial Institute

Instructor in trial tactics for the American Bar Association-sponsored National Institute of Trial Advocacy (NITA) School

Trial practice lecturer, University of Wyoming College of Law

Trial practice lecturer, the University of Denver Sturm College of Law

of the Litigation Counsel of America. The Litigation Counsel of America is an invitation only trial lawyer honorary society established to reflect the new face of the American bar based on excellence in trial work. Membership in the Litigation Counsel of America is limited to less than one-half of one percent of all American lawyers and is by invitation only. Membership includes placement of a maximum of 3,500 Fellows who are selected and invited into Fellowship after being evaluated on effectiveness and accomplishment in litigation and trial work, along with ethical reputation.Mr. Hersh has met the standard of excellence for selection as one of The National Trial Lawyer's Top 100 Trial Lawyers and is an Executive Committee Member of the Business Tort Trial Lawyers Association (BTTLA). BTTLA is a professional specialty association of trial attorneys representing victims and plaintiffs in claims involving harm to economic interests or business relationships.Mr. Hersh serves on the Board of Trustees for the Legal Aid Foundation, a non-profit foundation that provides access to justice for those in need. Mr. Hersh volunteers his time and efforts to provide assistance to the poor and disadvantaged, helping them obtain relief and assistance through the judicial system.Mr. Hersh serves on the Board of Directors for the Colorado Judicial Institute and chairs the Membership Development Committee for the Colorado Judicial Institute (CJI). The CJI is one of the only independent and nonpartisan citizen's groups in the nation devoted to the excellence and independence of its state courts. Established in 1979, CJI was originally formed to preserve Colorado's merit election system for judges. Its mission has broadened to include public education about the judiciary, support for judicial education, recognition of judicial excellence, and collaboration with the public, the legislature and the judiciary to improve Colorado's courts. Mr. Hersh serves on the Board of Directors for the Arapahoe County Bar Association. Mr. Hersh is active in the Association, providing services to the community through the Lawyers at the Library program and speaking to both public and legal groups. Mr. Hersh chairs the Association's Continuing Legal Education (CLE) Committee.Mr. Hersh has served as lead counsel in commercial loss cases with damages well into the hundreds of millions of dollars including antitrust, RICO and COCCA claims, residential and commercial building collapse, business demise and business interruption, and environmental losses.Mr. Hersh has acted as lead counsel in lawsuits against contractors, engineers, construction managers, and owners in construction litigation on both commercial and residential projects. In the area of environmental litigation, Mr. Hersh has extensive experience representing claimants and potentially responsible parties (PRPs) in federal toxic waste litigation, including CERCLA/RCRA litigation, Leaking Underground Storage Tank (LUST) litigation, and state toxic tort litigation.Recently, Mr. Hersh has served as lead counsel in one of the very few Park System Resource Protection Act (PSRPA) cases to actually be litigated under 16 U.S.C. §19jj. This litigated case involves defense of claims made by the United States government for extensive damage to a terrestrial resource [Rocky Mountain National Park] alleged to result from the use of an instrumentality [in this case a water ditch]. Mr. Hersh has been actively involved in litigating claims relating to both personal injuries and property damage involving asbestos construction materials, as well as suits against owners, design professionals, and building contractors (including heating, ventilating, and air conditioning (HVAC) contractors and subcontractors) in indoor environmental quality litigation, toxic mold suits, “sick building” syndrome cases, and low concentration dosage toxic exposure litigation. Mr. Hersh has handled a substantial number of cases involving claims of personal injury and/or property damage arising from exposure to or distribution of PCBs, pesticides, defoliants (such as 2-4-D and Agent Orange), cleaning solvents and chemicals, and industrial chemicals and wastes of varying types (such as T.C.E. (Trichloroethylene) and other chlorinated solvents.Mr. Hersh has appeared numerous times before the Colorado Court of Appeals and Supreme Court, as well as the Tenth Circuit Court of Appeals, on behalf of clients. Mr. Hersh is admitted to practice before the Supreme Court of the United States and the States of Colorado and Wyoming. Mr. Hersh regularly tries cases in State and Federal Courts around the country, and is admitted to practice in several United States District Courts as well as the 5th, 8th, and 10th United States Circuit Courts of Appeal.Mr. Hersh is a frequent lecturer for legal and non-legal organizations including universities and other higher education institutions. He is actively involved in the community through pro bono work and his service in various non-profit organizations, including service on their boards. Mr. Hersh is a member of the Craig Hospital PUSH for a Cure Committee which raises funds for Craig Hospital to assist with research for traumatic brain injury patients. Mr. Hersh is active in the Brain Injury Association for Colorado helping traumatically brain injured patients and their families cope with their injuries and the resulting medical, fiscal, and legal challenges.Mr. Hersh serves on the board of directors of several civic associations providing important public services. Mr. Hersh is a supporter of “Jam the Damz,” an integrated cycling tour through the Denver Metro area that helps raise funds for Craig Hospital, U.S. Handcycling, and Adaptive Adventures. Mr. Hersh has been a speaker at numerous continuing legal education seminars on a variety of topics related to the practice of trial law. Mr. Hersh is a faculty member for the University of Wyoming College of Law Summer Trial Advocacy Institute where he instructs law students on various topics related to trying civil cases. Mr. Hersh serves as a member of the University of Wyoming College of Law Advisory Board. In this capacity, Mr. Hersh provides advice and feedback to the college and contributes to the “future vision” of the Law School.Mr. Hersh is a frequent trial tactics and trial practices lecturer at both the University of Wyoming College of Law and the Sturm College of Law at the University of Denver, where he teaches law students how to try civil cases. Mr. Hersh has also served as an instructor in trial tactics for the American Bar Association-sponsored National Institute of Trial Advocacy (NITA) School. In 2012, Mr. Hersh was a featured speaker at the 2012 International Symposium for Life Care Planning, held in Denver, Colorado. Mr. Hersh delivered a 90-minute presentation on “Life Care Planning in the Courtroom: What Really Happens.” Mr. Hersh is an author of business-law.burgsimpson.com, a legal blog which focuses on issues relating to business disputes and commercial litigation. Member: U.S. Supreme Court; Colorado Supreme Court; Wyoming Supreme Court; U.S. Court of Appeals, 5th Circuit; U.S. Court of Appeals, 8th Circuit; U.S. Court of Appeals, 10th Circuit; U.S. District Court, District of Colorado, 1984; U.S. District Court, District of Wyoming.

Areas of Practice (9)

  • Brain Injury
  • Construction Defects
  • Catastrophic Injuries
  • Commercial Litigation
  • Environmental Litigation
  • Legal Malpractice
  • Pharmacy Malpractice
  • Products Liability
  • Professional Liability & Malpractice

Education & Credentials

Contact Information:
303.792.5595  Phone
www.burgsimpson.com
University Attended:
Bob Jones University, B.S., Accounting and Public Speaking, 1981
Law School Attended:
Wake Forest University School of Law, J.D., 1983
Year of First Admission:
1984
Admission:
Wyoming Supreme Court; 1984, Colorado; U.S. Court of Appeals, 10th Circuit; Colorado Supreme Court; U.S. Court of Appeals, 8th Circuit; U.S. District Court, District of Wyoming; U.S. Court of Appeals, 5th Circuit; U.S. District Court, District of Colorado; 1993, Wyoming; U.S. Supreme Court
Memberships:

Professional Affiliations

Chair, Committee On Conduct (COC)

Member, American Board of Trial Advocates (ABOTA)

Board of Directors, CLE Colorado (Representative of the Colorado Bar Association)

Member, Colorado Bar Association Ethics Committee

President, Arapahoe County Bar Association (ACBA)

Colorado Bar Foundation Fellow

Roster of Neutrals, American Arbitration Association

fellow, Litigation Counsel of America

Former Board of Governors, Colorado Bar Association

Colorado Bar Association (Litigation, Products Liability and Tort Law Sections)

Colorado Bar Association Nominating Committee

Member, Diversity Law Institute (DLI)

Wyoming Bar Association

Federal Bar Association

Faculty of Federal Advocates (FFA)

University of Wyoming College of Law Advisory Board

Faculty, University of Wyoming Law School Summer Trial Institute

University of Wyoming President's Society

The National Trial Lawyers (NTL)

Executive Board Member, Business Torts Trial Lawyers Association

Colorado Trial Lawyers Association (CTLA)

Member, American Society of Legal Advocates (ASLA)

Wyoming Trial Lawyers Association

American Association for Justice (AAJ)

Member, Trial Law Institute (TLI)

Member, Colorado Supreme Court Task Force for Lawyer Well-Being

ISLN:
906519675
Payment Information:

    Peer Reviews

    Client Reviews

    This attorney does not have client reviews.
    Disclaimer

    Englewood, Colorado

    Contact David P. Hersh

    Required Fields

    Required Fields


    By clicking on the "Submit" button, you agree to the Terms of Use, Supplemental Terms and Privacy Policy. You also consent to be contacted at the phone number you provided, including by autodials, text messages and/or pre-recorded calls, from Martindale and its affiliates and from or on behalf of attorneys you request or contact through this site. Consent is not a condition of purchase.

    You should not send any sensitive or confidential information through this site. Emails sent through this site do not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent though this site could be intercepted or read by third parties.